Mulkalla Laxmi v. The State Of Telangana

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE SECOND DAY OF JANUARY, TWO THOUSAND AND EIGHTEEN : PRESENT:

THE HON'BLE DR JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 12862 of 2017 Between:

1. Mulkalla Laxmi, W/o. Chandraiah

2. Mulkalla Chandraiah, S/o. Lachi Reddy

3. Challa Sravanthi, W/o. Amarendar Reddy

4. Challa Amarendar Reddy, S/o. Ram Reddy

5. Mulkalla Rajavva, W/o. Lachi Reddy

6. Ratna Padma, W/o. Buchi Reddy Petitioners (Accused in Cr.No. 197/2017 of Chennur P.S., Mancherial Dist) AND State of Telangana, rep. by Public Prosecutor, High Court, Hyderabad. Respondent/Complainant Petition under Section 438 of Cr.P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to direct the applicant on bail in the event of arrest by police in Crime No. 197 of 2017 on the file of the Hon'ble Judicial First Class Magistrate, Chennur.

The Petition coming on for hearing, upon perusing the petition and the grounds filed herein and upon hearing the arguments of Sri Salvaji Raja Shekar Rao, Advocate for the Petitioners and of the Addl. Public Prosecutor (TG) for the Respondent, the Court made the following ORDER:

" This Criminal Petition is filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners-accused in Crime No.197 of 2017 of Chennur Police Station, Mancherial District, registered for the offences punishable under Sections 417, 420 and 498A I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act.

2.

Heard the learned counsel for the petitioners-accused and the learned Additional Public Prosecutor appearing for the respondent-State, apart from perusing the material available on record.

3.

In the course of submissions made by both sides and as per the record, it has come to light that the marriage between the de facto complainant-Sindhura and A.1 is a love marriage. The de facto complainant was introduced to A.1 by Buchi Reddy, husband of petitioner No.6, stating that A.1 is working as a cashier in State Bank of India and they belong to same caste. The de facto complainant informed her love affair to her parents. A.1 also informed her that he is a cashier in State Bank of India and thereafter, married the de facto complainant-Sindhura. It is alleged that at the time of marriage, cash of Rs.20,00,000/- and some property said to have given to A.1. It is also alleged that after the marriage, in-laws of the de facto complainant along with A.1 demanded additional dowry. Thereafter, the de facto complainant came to know that A.

1 was jobless. There are specific allegations that A.1 was drinking alcohol, abusing and beating the de facto complainant and misbehaving with her. Even on conception, the de facto complainant was ill-treated by A.1. Due to the harassment meted out by the petitioners, the de facto complainant started living with her mother. Thereafter, she lodged a report with the police. There are specific and grave allegations against A.1, who was remanded to judicial custody in this case. It is brought to the notice of this Court that A.1 was granted regular bail. As seen from the record, the marriage between the de facto complainant and A.1 is a love marriage.

..2..

Further, one Buchi Reddy, who passed away some time back, said to have introduced A.1 to the de facto complainant and made a proposal of marriage between them. The truth or otherwise of the allegations leveled against the petitioners are required to be determined in due process of law. The petitioners have got permanent residence, some of them are women. The petitioner No.5 is 70 years old woman. Petitioner No.6 is a cousin of A.1. Having regard to the facts and circumstances of the case, all the petitioners can be granted bail under Section 438 Cr.P.C.

4.

In the result, the petitioners-accused are directed to surrender before the Station House Officer, Chennur Police Station, Mancherial District, within a period of 15 days from today. On such surrender, the Station House Officer, Chennur Police Station, shall release the petitioners-accused on bail on the petitionersaccused executing a personal bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the said S.H.O. On release, the petitioners-accused shall abide by the conditions mentioned in Section 438(2) Cr.P.C. and cooperate with the investigating officer. The petitioners-accused shall also attend before the Station House Officer, Chennur Police Station, on every Sunday between 9-00 a.m. and 10-00 a.m. till filing of the charge sheet.

5.

Accordingly, this Criminal Petition is allowed." ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To

1. The Judicial First Class Magistrate, Chennur, Mancherial District.

2. The SHO, Chennur Police Station, Mancherial District.

3. Two CCs to the Public Prosecutor (TG), High Court, Hyd(OUT)

4. One CC to Sri Salvaji Raja Shekar Rao, Advocate(OPUC)

5. One spare copy.

SAH

HIGH COURT Dr.SAJ DATED: 02-01-2018

ORDER

CRL.P.NO. 12862 OF 2017 ANTICIPATORY BAIL

DRAFTED BY: SAH APPROVED BY:

DRAFTED ON: 04-01-2018 HIGH COURT Dr.SAJ DATED: 02-01-2018

ORDER

CRL.P.NO. 12862 OF 2017 ANTICIPATORY BAIL